December 2011
David Bebb, in a paper given at the last Capital Projects in the Education Sector Seminar, looks at some of the most common amendments to standard contracts designed to shift risk firmly to the contractor’s doorstep and offers some tips on negotiating your way into a position where you can sleep a little easier at night.
September 2011
In this paper, Nicholas Gould reviews some of the standard form contracts that are currently available for use in the construction industry. A review of the standard forms cannot be separated from the procurement pathways that are used in the industry, so the two are considered in parallel. It is important to consider the procurement pathway first in order to select the appropriate standard form contract, especially as there are so many published and available for use in the construction industry
November 2011
In a paper presented at Fenwick Elliott's Construction Law Update Seminar, Ted Lowery provides a guide to bonds and guarantees explaining the different principles that apply to primary and secondary obligations and focusing on common pitfalls to avoid when negotiating these types of instrument.
23 April 2008
Jeremy Glover, in a paper given at the 14th Construction Law Update Seminar, reviews how a typical English contract treats defects from the viewpoint of a relationship between the employer and the contractor and considers how damages for defects are assessed.
8 February 2007
Nicholas Gould, in a paper given to the Society of Construction Law Conference in Singapore, provides a summary and overview of the 3 rd edition of the New Engineering Contract.
September 2006
Simon Tolson, in a paper given to the IBC Construction Law Summer School which takes place in Cambridge every September, discusses design responsibility under the JCT 05, JCT Major Projects Form and ECC contracts. The aim of the paper is to address design risk responsibility in construction contracts, redress for defective works and the damages seesaw predicated upon the approach of the Courts to the assessment of damages.
Links
[1] https://www.fenwickelliott.com/sites/default/files/the_art_of_negotiation_in_a_difficult_market_-_david_bebb.indd_.pdf
[2] https://www.fenwickelliott.com/sites/default/files/nick_gould_-_standard_forms_jct_2005_nec3_and_the_virtual_contract_matrics_paper.indd__0.pdf
[3] https://www.fenwickelliott.com/sites/default/files/ted_lowery_paper-construction_law_update_seminar.pdf
[4] https://www.fenwickelliott.com/sites/default/files/Liability%20for%20Defects%20in%20Construction%20Contracts.pdf
[5] https://www.fenwickelliott.com/sites/default/files/Contract%2014%20-%20NEC3%20-%20The%20Contract%20of%20the%20Future.pdf
[6] https://www.fenwickelliott.com/sites/default/files/Contract%207%20-%20Design%20Risk%2C%20Defective%20Buildings%20and%20the%20damages%20see%20saw.pdf
[7] https://www.fenwickelliott.com/print/research-insight/articles-papers/contract-issues?page=7
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